Annulment

Question 1

Annulment

Answer 1

A party, and in some instances a third party, may seek a judgment declaring the invalidity of “annulling” the marriage.

Question 2

Grounds for Annulment

Answer 2

• Void marriage- is of no legal effect and cannot be recognized
• Voidable marriage- is valid until and unless the aggrieved party obtains an annulment

Question 3

Ratification of Voidable Marriages

Answer 3

A voidable marriage is valid until and unless the aggrieved party obtains an annulment

Question 4

Types of Voidable Marriages

Answer 4

Marriages that have been attempted but were not successful based on:

• non-age
• impotence of spouse
• temporary lack of capacity; or
• mental incompetence

Question 5

Effects of Annulment

Answer 5

An annulled marriage is typically declared invalid from the date of its inception and legally eradicates the marriage.

• parties can sometimes obtain-divorce-like remedies including: property division and spousal support/alimony
• there migth also be equitable relief on the theories of unjust enrichment and constructive trust

Question 6

Putative Spouse

Answer 6

One is a putative spouse when there was a ceremonial marriage + they had a good faith belief in the validity of the marriage.

Question 7

Putative Spouse Doctrine

Answer 7

• Many statutes hold that a putative spouse is granted divorce-like remedies at the dissolution of the relationship even if the marriage is void because of a flaw in the marriage formation process.
• In some states, a putative spouse acquires the rights conferred upon a legal spouse including inheritance rights, rights to marital property, and right to maintenance.
• Other states might apply equitable remedies.

Question 8

Validity of Out-of-State Marriages (Principles of Comity)

Answer 8

A marriage which satisfies the requirements of the state where K “will everywhere be recognized as valid, unless it violates the strong public policy of another state which had the most significant relationship to the spouses and the marriage at time of marriage

Question 9

Validity of Out-of-State Marriages (Evasion of State Law)

Answer 9

Most states do not recognize marriages entered into by their own residents if these residents:

• leave their home state to K a marriage that would not be valid if K within that state; and
• intend to continue to reside in their home state.